IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NOS.2897-2917 OF 2014 (BDA) BETWEEN:
1. SMT. LALITHA BAI WIF OF THUKARAM RAO, AGED ABOUT 47 YEARS, NO.207 E.W.S., 6TH MAIN ROAD, KENGERI UPANAGAR, BENGALURU-560 060.
2. SMT. SUJATHA K. R.
WIFE OF SHIVAKUMAR S. S., AGED ABOUT 54 YEARS, NO.2, KOMMAGATTA SULIKERE PO, KENGERI HOBLI, BENGALURU-560 060.
3. SRI KEMPAIAH M SON OF MADHEGOWDA, AGED ABOUT 50 YEARS, NO.90/1, 1ST CROSS, BMK LAYOUT, VITTAL NAGAR WEST, CHAMARAJAPET, BENGALURU-560 026.
4. SRI KRISHNAMURTHY SON OF MUDALGIRAIAH,S AGED ABOUT 41 YEARS, NO.17, 18TH MAIN, AGRAHARA DASARAHALLI, MAGADI MAIN ROAD, BENGALURU-560 079.
5. SRI HARISH KUMAR P SON OF PRABHAKAR K., AGED ABOUT 28 YEARS, NO.10 SHIVALAYA, VINAYAKA LAYOUT, 3RD STAGE, VIJAYANAGAR, BENGALURU-560 040.
6. SMT. JAYASHREE E WIFE OF NAVEEN KUMAR S., AGED ABOUT 30 YEARS, NO.527, UPPER STREET, KENGERI, BENGALURU-560 060.
7. SMT. SHWETHA L WIFE OF SUDARSHAN S, AGED ABOUT 29 YEARS, NO.20, VIVEKANANDA ROAD, HARSH LAYOUT, BENGALURU-560 060.
8. SMT. K. M. ANITHA WIFE OF A. PRABHAKAR, AGED ABOUT 28 YEARS, NO.106/3, KENGERI UPANAGAR CROSS BRIDGE, MYSURU MAIN ROAD, BENGALURU-560 060.
9. SMT. SUNITHA C WIFE OF GIRISH K. B., AGED ABOUT 24 YEARS, NO.82, 3RD MAIN, 2ND CROSS, P. QUARTERS, KENGERI SATELLITE TOWN, BENGALURU-560 060.
10. SMT. SHILPA SHREE WIFE OF UMESH KUMAR, AGED ABOUT 52 YEARS, NO.1648, 5TH MAIN, OPPOSITE TO POLICE QUARTERS, KENGERI SATELLITE TOWN, BENGALURU-560 060.
11. SRI SHRIHARSHA G SON OF GOPINATH N. S., AGED ABOUT 28 YEARS, NO.176, 1ST MAIN ROAD, KENGERI SATELLITE TOWN, BENGALURU-560 060.
12. SMT. PUTTAMMA WIFE OF BOMME GOWDA, AGED ABOUT 58 YEARS, NO.9, SOOLIKERE PALYA, SOLIKERE POST, KENGERI SATELLITE TOWN, BENGALURU-560 060.
13. SMT. VENKATAMMA SINCE DECEASED BY HER LEGAL REPRESENTATIVE SRI CHIKKAVENKATAIAH, AGED ABOUT 50 YEARS, NO.812, 3RD MAIN, OPPOSITE TO POLICE QUARTERS, KENGERI SATELLITE TOWN, BENGALURU-560 060.
14. SMT. VANITHA C DOUGHTER OF D. M. CHIKKAVENKATAIAH, AGED ABOUT 41 YEARS, BGS HEALTH CITY, UTTARAHALLI ROAD, KENGERI SATELLITE TOWN, BENGALURU-560 060.
15. SRI VENKATESH K. V.
SON OF VENKATANAGAIAH, AGED ABOUT 39 YEARS, NO.660, EWS 6TH MAIN 6TH ‘B’ CROSS, KENGERI SATELLITE TOWN, BENGALURU-560 060.
16. SRI PRAMOD B SON OF BASAVANNA, AGED ABOUT 31 YEARS, NO.474, KUVEMPU NAGARA ROAD, KENGERI SATELLITE TOWN, BENGALURU-560 060.
17. SRI ANAND K SON OF BOMMEGOWDA, AGED ABOUT 39 YEARS, NO.2132, 1ST MAIN, SRI RAMA LAYOUT, KENGERI SATELLITE TOWN, BENGALURU-560 060.
18. SRI B. N. ARADHYA SINCE DECEASED BY HIS LEGAL REPRESENTATIVE SRI GIRISH ARADHYA, SON OF B. N. ARADHYA, AGED ABOUT 29 YEARS, NO.115, 40 FEET ROAD, ACHAL CABLE STREET, MANJUNATHA NAGARA, RAJAJINAGAR, BENGALURU-560 010.
19. SRI NANJAPPA K SON OF KALLAPPA, AGED ABOUT 75 YEARS, NO.256, 8TH CROSS, TEACHERS LAYOUT, NAGARBHAVI, BENGALURU-560 072.
20. SMT. SHOBHA C. K. WIFE OF NAGARAJA L., AGED ABOUT 43 YEARS, NO.490, FLAT NO.301, IDEAL APARTMENTS, 16TH CROSS, IDEAL HOMES, TOWNSHIP, R. R. NAGAR, BENGALURU-560 098.
21. MUKUNDA M SON OF MUDLIGIRAIAH, AGED ABOUT 30 YEARS, NO.17, 8TH MAIN, 1ST FLOOR, AGRAHARA DASARAHALLI, MAGADI ROAD, BENGALURU-560 079.
(BY SRI M. R. SHAILENDRA, ADVOCATE) AND:
... APPELLANTS 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, BENGALURU-560 001.
2. THE BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, BENGALURU-560 020, REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS (BY SMT. SHWETA KRISHNAPPA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1;
SRI K. KRISHNA, ADVOCATE FOR R-2) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.22150-22170 OF 2014 DATED 22.9.2014 AND ETC.
***** THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
JUDGMENT A memo is filed by the counsel for the second respondent – Bengaluru Development Authority, stating that appellant Nos.1 to 3, 5 to 7, 10 to 13 and 15 to 18 have deposited the flat value and taken possession of their respective flats. That appellant Nos.4, 9 and 20 have taken refund of the amounts deposited by them and appellant Nos.8 and 21 have made part payment towards the cost of their flats and appellant No.14 and 19 have not turned up.
2. The learned counsel for the appellants’ submit that in view of the aforesaid memo, the appeals may be disposed off.
3. The submissions of the learned counsels are placed on record. The appeals are disposed off in terms of the aforesaid memo.
Pending I.As. stands rejected.
Sd/- Sd/-
JUDGE JUDGE JJ/-